JUDGMENT

Clement Skinner J:

Decision

This appeal raises two rather basic but essential points concerning pleadings. Firstly, in instituting proceedings against another, what must a plaintiff show in his pleadings to enable him to bring and maintain an action. Secondly, if the statement of claim is found to be lacking or deficient, can affidavit evidence make good such deficiency. There are four plaintiffs in this suit but objection has been taken only against the claim of the 1st and 2nd plaintiffs. For convenience, I shall therefore continue to refer to the appellants as the defendants and to the respondents as the 1st and 2nd plaintiffs in this appeal.

The facts of this case are as follows. The 3rd plaintiff, a company duly incorporated with limited liability, is the owner to the extent of 23/32 undivided shares in a piece of Malay reserve land in Kuah, Langkawi, Kedah (hereinafter the said land). The 4th plaintiff, an individual, is the owner of 9/32 undivided shares in the said land. The 1st plaintiff, an individual, is a director of the 2nd plaintiff which is a company duly incorporated with limited liability. The 2nd plaintiff is said to have lent RM900,000 to the 3rd plaint